Vernon Howard, Cross-Appellant v. City of Burlingame, Cross-Appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERGUSON, Circuit Judge:
Vernon Howard, a federally licensed amateur or “ham” radio enthusiast, was denied permission to construct a 51-foot radio antenna in his back yard, and filed suit against the City. The district court found that the Federal Communications Commission (“F.C.C.”) had partially preempted the City’s zoning powers, and ordered the City to reconsider the application. Although the City then granted Howard’s permit, he unsuccessfully sought to reinstate his 42 U.S.C. § 1983 claim in an attempt to secure attorney fees. He now appeals the denial of his § 1983 and free speech…
2Cases cited22 opinions
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- Maine v. ThiboutotSupreme Court of the United States · 1980
- Wilder v. Virginia Hospital Assn.Supreme Court of the United States · 1990
- National Broadcasting Co. v. United StatesSupreme Court of the United States · 1943
- Golden State Transit Corp. v. City of Los AngelesSupreme Court of the United States · 1989
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- San Jose Christian College v. City Of Morgan HillCourt of Appeals for the Ninth Circuit · 2004
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